5th Circuit Opinion Favors Water Suppliers

State and local water planning agencies in Texas and across the drought-stricken West were handed a narrow victory by federal judges on Monday, vindicating their decisions to supply more water to cities and industries at the potential expense of endangered wildlife.

Reversing a lower court's decision, a three-judge panel on the 5th Circuit Court of Appeals said that the Texas Commission on Environmental Quality (TCEQ) and local river authorities could not be held responsible for the deaths of 23 endangered whooping cranes in a wildlife refuge next to San Antonio Bay during the winter months of late 2008 and ...

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